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RS 742.104 Federal Act of 4 October 1991 on the construction of the Swiss railway line across the Alps (Alpine Transit Act, LTrAlp)

Original Language Title: RS 742.104 Loi fédérale du 4 octobre 1991 relative à la construction de la ligne ferroviaire suisse à travers les Alpes (Loi sur le transit alpin, LTrAlp)

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742.104

Federal Law on the construction of the Swiss railway line through the Alps

(Alpine Transit Act, LTrAlp) 1

4 October 1991 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 81, 87 and 196, c. 3, of the Constitution 2 , 3 Having regard to the messages of the Federal Council of 23 May 1990 4 And 26 June 1991 5 ,

Stops:

Section 1 Principle

Art. 1 Goals

The Confederation carried out a major project aimed at preserving its position in Europe in terms of transport policy and protecting the Alps from further harm. The project must ensure an efficient rail corridor, remove road haulage routes over great distances, serve the transport of people and lead to a reduction in pollution, which is currently excessive.

Art. 2 1 Promotion measures

In order to promote the achievement of the aims of art. 1 and to achieve a good use of the new rail line across the Alps (NLFA), appropriate supplementary measures will be taken to ensure that freight traffic in transit through the Alps takes place mainly by rail.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Section 2 Design

Art. 3 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 3 Bis 1 NLFA Project

1 The NLFA project aims to make Switzerland a hub of high-speed European passenger traffic. The latest technological advances will be applied to its realization. As regards the transport of goods, the routes of unaccompanied combined transport will be optimally integrated into European freight corridors.

2 The NLFA project provides for the development of the Saint Gotthard and Loetschberg-Simplon transit lines as a global system and for improving the connection of eastern Switzerland to the St Gotthard axis.


1 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Art. 4 Interest of the cantons

The interest of the cantons concerned in drawing up the environment will be appropriately safeguarded in planning and implementation.

Art. 5 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 5 Bis 1 NLFA Funded Investments

The following NLFA projects are included in the funding under s. 196, c. 3, of the Constitution: 2

A. 3
Saint Gotthard: The Federal Railways (SBB) network is expanding from the Gotthard base tunnel between the regions of Altdorf-Erstfeld and Bodio-Biasca, from a new line to the region of Giustizia, as well as from the base tunnel of Monte Carlo. Ceneri linking the region of Sant' Antonino-Cadenazzo to that of Lugano (Massagno) -Vezia, including connections to existing lines. The tensile power supply and the commissioning work of these works are included. The construction sites of the Surselva will be served by the existing rail network, which will be developed as required;
B.
Loetschberg: The network of the BLS Railway Company of the Loetschberg SA increases the base tunnel of the Loetschberg, partly on a single track, linking the region of Frutigen with that of Steg/Baltschieder including the connections to the existing lines. The new line shall be designed in such a way as to ensure connection to the Simplon line and to enable the loading of road vehicles;
C. 4
Eastern Switzerland: The Confederation improves the link between eastern Switzerland and the St Gotthard line by partially developing the St-Gall-Arth-Goldau section.

1 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).
3 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).
4 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).

Art. 6 to 8 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 8 Bis 1 Sector Plan

1 The Confederation coordinates the projects to achieve a coherent whole. To this end, the Federal Council shall lay down a sectoral plan within the meaning of Art. 13 of the Act of 22 June 1979 on land use planning 2 This plan shall include at least:

A. 3
The links between the Gotthard base tunnel, the Monte Ceneri base tunnel and the Thalwil tunnel (Nidelbad);
B.
The loading facilities of road vehicles in the valleys of the Kander and the Rhône and the connection to the base line of the Loetschberg;
C.
The direct link of the central Valais with the base line of the Loetschberg and the connection of this line to the Simplon tunnel.

2 The realization and funding of projects that are not mentioned in s. 5 Bis Are governed by separate federal orders of general scope.


1 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 RS 700
3 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).

Art. 1 Adaptation of the existing rail network

The Confederation provides, in good time, the extension of the access lines to the Alpine transversal in the central part of the Plateau as well as in the south of the country and rules the financing of this extension; it ensures coordination with enterprises Of private railways. The SBB and the private railway undertakings concerned adapt their networks to the new lines at the latest when they are put into service.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Art. 10 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 10 Bis 1 NLFA scaling

1 The NLFA provided for in s. 3 to 9 is carried out in two phases:

A.
The first phase includes the construction of the base tunnels of the Gotthard and the Loetschberg;
B. 2
The second phase includes the completion of the other projects referred to in s. 5 Bis .

2 The Federal Council sets the stage for the work of the second phase.

3 The operating plan will be optimised and will take account of the latest technological developments in the rail sector.


1 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).

Art. 10 Ter 1 Other major railway projects under s. 196, c. 3 of the Constitution 2

The procedures for the completion of the following major railway projects, as provided for in Art. 196, c. 3, of the Constitution, are defined in separate laws: 3

A.
RAIL 2000;
B.
The connection of eastern and western Switzerland to the European network of high performance trains;
C.
The improvement, by means of active and passive measures, of protection against noise along the railways.

1 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).
3 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).

Section 3 Projects

Art. 11 Pre-Projects

1 The preliminary drafts of the new lines of the NLFA project indicate in particular the layout, the connecting points, the area of the stations and the terminals and the crossing structures. 1

2 They take into account the interests of spatial planning, as well as the protection of the environment, nature and landscape and national defence.

3 They are submitted to the Federal Transportation Agency.

4 The Federal Transport Office shall hear the federal authorities, the cantons and the railway undertakings concerned. The municipalities are consulted by the cantons.

5 Pre-projects must be approved by the Federal Council. This determines the plot. 2

6 In accordance with environmental protection legislation, the pre-project review and approval process also includes an environmental impact assessment.

7 Preparatory measures for the development of the project or for the verification of decision bases are permitted. The Federal Department of the Environment, Transport, Energy and Communication 3 Rules on objections from third parties. Owners are notified in advance, in accordance with the Federal Expropriation Act of June 20, 1930 4 Compensation is in accordance with the federal expropriation procedure.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
3 New name according to the ACF of Dec. 1997 (unpublished).
4 RS 711

Art. 12 1

1 Repealed by c. 3 of the annex to the PMQ of 26 seven. 2014, with effect from 1 Er Jan 2016 ( RO 2015 3205 ; FF 2013 6441 ).

Art. 13 Free competition

1 As part of the federal bid regulation, the Confederation ensures free competition for each segment of the line in the areas of planning, project development and construction.

2 Swiss and foreign candidates are subject to the same conditions of competition.

Section 4 Financing

Art. 14 1 Conditions of funding

1 The Confederation shall make the necessary resources available to the railway undertakings concerned in the form of remunerable loans at market conditions or at variable and conditionally repayable rates, as well as in the form of Lost contributions.

2 Remunerable loans at market conditions may be granted at least 25 % of the cost of the project (including the cost of capital included). These loans are recorded on the balance sheet. Their interests are capitalized and remunerated until the sections are put into service.

3 The Federal Council and the railway undertakings regulate the arrangements for the granting of loans and contributions to funds lost in the framework of a convention.

4 The proceeds from the proceeds of the entry fees on the fuels provided for in s. 36 Ter , para. 1, let. C, of the Federal Constitution, is granted to railway undertakings with lost funds. The Federal Council allocates funds between the baselines.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Art. 15 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 16 1 Commitment appropriations

The Federal Assembly gives in stages, through simple federal orders, the commitment appropriations necessary for the implementation of the Gotthard and Loetschberg baselines and the integration of eastern Switzerland.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Art. 17 Special Account

1 The SBB and the BLS hold their own accounts for the establishment of the projects, as well as for the construction and operation of the Saint Gotthard and Loetschberg lines. 1

2 The Federal Council shall issue the necessary requirements.


1 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).

Section 5 Coordination, monitoring, reporting

Art. 18 1

1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).

Art. 19 1 Monitoring and Control

1 The Federal Council is responsible for overseeing and monitoring the NLFA project.

2 It may appoint an advisory body for the evaluation of essential questions relating to the project.


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Art. Report and High Monitoring 1

1 Each year, for the first time in 1992, the Federal Council informs the Federal Chambers on:

A.
The status of the project;
B.
Expenditure incurred and charged on the basis of the commitment appropriations granted;
C.
The resulting charge for Confederation and the costs likely to be borne by the Confederation for the next five years.

2 Each time it solicits a new appropriation, it also informs the Federal Chambers of:

A.
The overall costs anticipated for the project;
B.
The updated profitability calculation.

3 The senior oversight of the Federal Assembly is exercised by the NLFA's supervisory delegation. It is made up of members of the Finance Committees, the Management Committees and the Transport and Telecommunications Commissions of both Houses. As part of this Order, NLFA's supervisory delegation shall exercise the rights and comply with the obligations set out in s. 51, 154 and 155 of the Act of 13 December 2002 on Parliament 2 . 3 4

4 The Finance Committees, the Boards of Management, and the Transport and Telecommunications Commissions of both Houses each delegate their members to the NLFA's supervisory delegation. The Presidency is held for one year in turn by a Member of the National Council and a Member of the Council of States. For the rest, the Delegation was itself. 5

5 The NLFA's monitoring delegation reports annually on its oversight of the Finance Committees, the Management Boards and the Transport and Telecommunications Commissions of both Houses. 6


1 New content according to the c. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
2 RS 171.10
3 New wording of the sentence as per c. II 9 of the annex to the L of 13 Dec. 2002 on Parliament, in force since 1 Er Dec. 2003 ( RO 2003 3543 ).
4 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
5 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).
6 Introduced by ch. I of the AF of March 20, 1998, in force since 1 Er Jan 1999 ( RO 1999 769 774; FF 1996 IV 648).

Section 6 Final provisions

Art. Executing

The Federal Council shall be responsible for the execution of this Order. It shall lay down the necessary provisions.

Art. Referendum, entry into force and validity

1 This Order is of general application and is subject to an optional referendum.

2 The Federal Council shall fix the date of entry into force.

3 ... 1


1 Repealed by c. I of the AF of March 20, 1998, with effect from 1 Er Jan 1999 ( RO 1999 769 ; FF 1996 IV 648).


Date of entry into force: 1 Er December 1992 6


RO 1993 47


1 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).
2 RS 101
3 New content according to the c. 2 of the annex to the LF of 20 March 2009 on the development of railway infrastructure, in force since 1 Er Seven. 2009 ( RO 2009 4219 ).
4 FF 1990 II 1015
5 FF 1991 III 1176
6 ACF of Nov 30, 1992


State 1 Er January 2016